Competitions which do not involve prize money (ju‘l) are permissible in all fields. 965
وَتَجُوْزُ الْمُسَابَقَةُ بِغَيْرِ جُعْلٍ فِي الأَشْيَاءِ كُلِّهَا.
The Book of Selling and
Commercial Transactions
Prize Money & Deposits
for Safekeeping
السَّبَقِ
Stations
The Book of Purification
The Book of Prayer
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
Prize Money (Sabaq [or Ju‘l])
Prize money (ju‘l) is permissible only in horse racing, camel racing, and archery. The Prophet (SA) said, “There should be no prize money (sabaq) in competitions – except in camel racing, archery,966 and horse racing.” 967
وَلاَ تَجُوْزُ بِجُعْلٍ، إِلاَّ فِيْ الْخَيْلِ وَالإِبِلِ وَالرَّمْيِ؛ لِقَوْلِ رَسُوْلِ اللهِ : "لَا سَبَقَ إِلَّا فِي خُفٍّ, أَوْ نَصْلٍ, أَوْ حَافِرٍ"
The prize money (ju‘l) is permissible if it is offered by somebody other than the racers; it goes to the one
فَإِنْ كَانَ الْجُعْلُ مِنْ غَيْرِ الْمُسْتَبِقَيْنِ، جَازَ، وَهُوَ لِلسَّابِقِ
965. Competitions in any permissible activities are all allowed if there are no prizes involved. This is because the Prophet (SA) raced with ‘Â’ishah on foot, and Muslim reported that Salamah ibn al-Akwa‘ (RA) raced on foot with a man from the Anṣâr (‘helpers’: the Muslim citizens of Madinah who gave refuge to the Prophet [SA] and the other Muslim emigrants from Makkah) in the presence of the Prophet (SA).
966. Even if gambling is not involved, competing for a prize is only allowed in these three activities mentioned. (A) + (+M, +S)
Their common denominator is that they are all needed for preparation for jihad. Some of the scholars from those madh-habs added other activities that are similar to those, such as racing on elephants or shooting with spears. (-H, -t) allowed prizes for competitions in Qur’an, Hadith, fiqh, etc. Their argument is that Islam prevails by the mastery of knowledge as well. Most of the contemporary scholars allow those competitions.
Would prizes in soccer tournaments, car races, boxing, and other sports be allowed? First, you have to ask whether the activity itself is allowed. Boxing entails striking in the face and head, and great harm may ensue from that game. It is not allowed to begin with, unlike wrestling, for instance, which is allowed. Car racing involves a high risk for the participants; therefore, it is controversial. If the activity is permissible, competition in it is also permissible, given there are no prizes involved.
If prizes are involved, the question is whether or not the particular game may be likened to those accepted games mentioned in the hadith. Some contemporary scholars widened the circle of permissibility to include all those activities thought to significantly promote the physical or mental health of individuals, preparing them to support the cause of Islam physically or intellectually
967. (D. al-Albâni: S in Ṣaḥeeḥ Sunan Abi Dâwood)
who wins the race.
مِنْهُمَا.
If one of the racers offers [the prize money] and he or she wins, or if two reach the finishing line together, the one who offered the money is allowed to take the prize money (sabaq) and nothing more. If the other racer wins, the winner takes [the prize money].
وَإِنْ كَانَ مِنْ أَحَدِهِمَا، فَسَبَقَ الْمُخْرِجُ، أَوْ جَاءَا مَعًا، أَحْرَزَ سَبَقَهُ، وَلاَ شَيْءَ لَهُ سِوَاهُ، وَإِنْ سَبَقَ الآخَرُ أَخَذَهُ.
It is not lawful for both of them to offer [prize money] unless a muḥallil 968 whose horse, camel, or archery [ability] is equivalent to theirs enters the race. 969
وَإِنْ أَخْرَجَا جَمِيْعًا، لَمْ يَجُزْ، إِلاَّ أَنْ يُدْخِلاَ بَيْنَهُمَا مُحَلِّلاَ يُكَافِئُ فَرَسُهُ فَرَسَيْهِمَا، أَوْ بَعِيْرُهُ بَعِيْرَيْهِمِا، أَوْ رَمْيُهُ
968. A muḥallil is someone whose participation in the race makes the prize money lawful and helps eliminate the element of gambling. If there is one additional competitor (the muḥallil) who is not contributing towards the prize money, then the transaction is not considered to be gambling.
969. The permissibility of the prize money (for horse racing, camel racing, and archery) depends on whether it is offered by some or all of the competitors or from someone not in the competition.
If the prize is from someone other than the participants in the race, then it is permissible. (A) + (H, +S)
(-M): only the imam (authorities) may award those prizes.
If the prize is contributed by both or all of the competitors, then it is haram, since it would be a form of gambling. To make this permissible, there should be one additional competitor who has an equal chance of winning and who has not contributed towards the prize. (A) + (H, +S) Example: X, Y, and Z race on horseback. X and Y contribute $50 each towards the prize. Any of the three who wins shall take the $100.
(-M): haram even if there is that muḥallil.
Keep in mind that the prizes in all of the above cases go to the actual participants in the competition. Betting by spectators on rodeo events, horse races, and so on is purely gambling. It is the same with any betting where the prizes go to non-participants.
Are prize draws held by companies permissible?
Some contemporary scholars, such as Shaykh Ibn Baz (d. 1420 AH, may Allah bestow mercy on him), disallowed the determination of winners by drawing lots in any of those draws. The following treatment of the subject assumes its permissibility, which is the position of the majority. Those draws either require a purchase or not.
If they do not require any purchase or action, then they are permissible.
The basis of this ruling is the Prophet’s hadith, “If one enters a horse with two others without confidence that it will not win, it is not gambling; but when one enters a horse with two others with confidence it will not win, it is gambling.” 970
رَمْيَيْهِمِا؛ لِقَوْلِ رَسُوْلِ اللهِ : "مَنْ أَدْخَلَ فَرَسًا بَيْنَ فَرَسَيْنِ يَعْنِي وَهُوَ لَا يُؤْمَنُ أَنْ يَسْبِقَ فَلَيْسَ بِقِمَارٍ وَمَنْ أَدْخَلَ فَرَسًا بَيْنَ فَرَسَيْنِ وَقَدْ أُمِنَ أَنْ يَسْبِقَ
If they do not require a purchase, but they require some action on the part of the participants, such as answering questions, and so on, then the rules of competitions above concerning the permissibility of prizes will apply.
If they require a purchase, then the matter becomes more controversial. Shaykh Ibn Jibreen (d. 1430 AH, may Allah bestow mercy on him) prohibited those draws. Shaykh Mustafa az-Zarqâ’ (d. 1420 AH, may Allah bestow mercy on him) and Shaykh al-Qaraḍâwi allowed them in smaller prizes only, such as pens and watches, and other similar prizes. Shaykh Ibn ‘Uthaymeen (d. 1421 AH, may Allah bestow mercy on him) and Shaykh Muhammad Shubayr allowed them in all prizes, on condition that the price of the commodity is not increased over the market value to pay for the prizes. Shaykh Ibn ‘Uthaymeen added that the prize should not be the sole intent of the buyer, who may not need the merchandise itself and would otherwise not buy it.
Are discount cards permissible?
This depends on whether the customers or clients pay a fee or not. Cards with fees are forbidden due to the impermissible risk taking (gharar fâḥish) involved, since the client paid a certain amount of money for unknown discounts. If the fee is small and only for administrative expenses, then it may be exempt.
Cards without fees are permissible since they belong to the category of benevolent contracts (‘uqood at-tabarru‘ât), not the exchange-of-benefit contracts (‘uqood al-mu‘awwaḍât). This applies also to airline and hotel loyalty programs.
Dr. Muhammad ‘Uthmân Shubayr provided a detailed treatment of the contemporary applications of this topic in his paper “Aḥkâm al-Musâbaqât al-Mu‘âṣirah fee Ḍaw’ al-Fiqh al-Islâmi”, presented to the Fiqh Academy of the Organization of Islamic Conference 14th gathering, 1/2003.
970. (D). The majority of the Hadith scholars consider this hadith to be weak.
Acting upon weak and mursal hadith(s), when there is not a stronger proof, is one of the principles of Imam Aḥmad. However, it must be noted that Aḥmad does not accept a weak hadith which is matrook (rejected), but he accepts one with a slight weakness or which is ḥasan. Imam Ibn Taymiyah argued in Minhâj as-Sunnat an-Nabawiyah that these were not matrook (rejected), but rather they were ḥasan (hadiths that fulfill the conditions of a sound hadith, except that the narrators are slightly less reliable). Some examples are the hadiths narrated by ‘Amr ibn Shu‘ayb from his father, from his grandfather, and other hadiths which at-Tirmidhi would deem ḥasan. As mentioned earlier, before the time of Imam at-Tirmidhi, a hadith was either graded sound or weak, and the weak were subdivided into acceptable and matrook. [Minhâj as-Sunnat an-
If the muḥallil beats them, he or she takes the contributions of the other two contestants (who offered the prize money). If one of the other two contestants wins, the winner takes his or her own contribution and also that of the other contributor.
فَهُوَ قِمَارٌ".
فَإِنْ سَبَقَهُمَا، أَحْرَزَ سَبَقَيْهِمِا، وَإِنْ سَبَقَ أَحَدُهُمَا، أَحْرَزَ سَبَقَهُ، وَأَخَذَ سَبَقَ صَاحِبِهِ.
It is essential to define the distance of the race, the termination point, and [for archery] the accuracy for hitting [the target], its character and number of hits. A shooting [archery] contest is all about hitting [the target], and is not a matter of distance.
وَلاَ بُدَّ مِنْ تَحْدِيْدِ الْمَسَافَةِ، وَبَيَانِ اْلغَايَةِ، وَقَدْرِ اْلإِصَابَةِ، وَصِفَتِهَا، وَعَدَدِ الرِّشْقِ. وَإِنَّمَا تَكُوْنُ الْمُسَابَقَةُ فِي الرَّمْيِ عَلىَ الإِصَابَةِ، لاَ عَلَى الْبُعْدِ.
It is essential to define the distance of the race, the termination point, and [for archery] the accuracy for hitting [the target], its character and number of hits. A shooting [archery] contest is all about hitting [the target], and is not a matter of distance.
The position of Aḥmad is like that of ash-Shâfi‘i: they accept some but reject others. Abu Ḥaneefah and Mâlik are more likely to accept the mursal reports.
Chapter on the Deposits for Safekeeping (Wadee‘ah)
971
بَابُ الْوَدِيْعَةِ
It (wadee‘ah) is a trust, with no liability on the part of the trustee unless they transgress. 972
وَهِيَ أَمَانَةٌ، لاَ ضَمَانَ فِيْهَا عَلَى الْمُوْدَعِ مَا لَمْ يَتَعَدَّ.
If they did not preserve it in a ḥirz (safe place) befitting its like, 973 or in a hirz as directed, or used it for their own interests, or coalesced it with another so that it became an inseparable part of a whole, or took it out to spend it and then returned it, or undid its seal, or denied (receiving) it, or resisted returning it upon being demanded despite their ability to do so, then he or she will become liable for it. 974
وَإِنْ لَمْ يَحْفَظْهَا فِيْ حِرْزِ مِثْلِهَا، أَوْ مِثْلِ الْحِرْزِ الَّذِيْ أُمِرَ بِإِحْرَازِهَا فِيْهِ، أَوْ تَصَرَّفَ فِيْهَا لِنَفْسِهِ، أَوْ خَلَطَهَا بِمَا لاَ تَتَمَيَّزُ مِنْهُ، أَوْ أَخْرَجَهَا لِيُنْفِقَهَا ثُمَّ رَدَّهَا، أَوْ كَسَرَ خَتْمَ كِيْسِهَا، أَوْ جَحَدَهَا، أَوِ امْتَنَعَ مِنْ رَدِّهَا عِنْدَ طَلَبِهَا مَعَ إِمْكَانِهِ، ضَمِنَهَا.
971. The money/property that is left in the custody of others is called wadee‘ah, a term which comes from the verb wada‘a which means to leave or deposit. Keeping trusts for people is a meritorious act; preserving and returning them is an obligatory one. Allah said:
“Indeed, Allah commands you to render trusts to whom they are due.” (an-Nisâ’ 4: 58)
إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا
The Messenger of Allah (SA) said:
“Return trusts to those who entrust you and betray not those who betray you.” (D. al-Albâni:S)
أَدِّ الأَمَانَةَ إِلَى مَنِ ائْتَمَنَكَ وَلاَ تَخُنْ مَنْ خَانَكَ.
972. Since keeping it is a charitable act, the keeper (trustee) will not be liable.
A checking account can be considered a form of wadee‘ah or loan. If it is a loan, the bank would be liable in all cases, but if it is a wadee‘ah, the bank would be liable only in the case of negligence (tafreeṭ) or transgression (ta‘addi). However, banks do use the deposited money, and thus, should guarantee its return.
973. Which is determined according to the customary norms, for:
“Whatever is not expounded by the revealed law (shar‘) should be understood from the people’s customs (‘urf).”
مَا لَم يُحَدِّده الشَّرعُ يُرجَعُ فيهِ إلى العُرْفِ.
974. All acts belong to one of two shortcomings on the part of the trustee: negligence (tafreeṭ) and transgression (ta‘addi). They make him or her liable.
If he or she said, “You did not leave anything with me,” then they claimed its damage/loss or its return (to the depositor), their claim will not be accepted from them. 975 If they said, “I owe you nothing,” and then claimed its return, damage/loss, it will be accepted. 976
وَإِنْ قَالَ: مَا أَوْدَعْتَنِيْ، ثُمَّ ادَّعَى تَلَفَهَا، أَوْ رَدَّهَا، لَمْ يُقْبَلْ مِنْهُ، وَإِنْ قَالَ: مَالَكَ عِنْدِيْ شَيْءٌ، ثُمَّ ادَّعَى رَدَّهَا، أَوْ تَلَفَهَا، قُبِلَ مِنْهُ.
975. Their claims will not be accepted because they are inconsistent.
976. The claims of the trustees will be accepted if they are consistent, since the default is the absence of liability, and it is presumed that they were trusted in the first place because of their good character.
977. Loaning for use is when someone loans an item to another for the latter to enjoy its usufruct while the item is in their possession.
978. If X borrows Y’s car, X will be responsible for the car until he returns it to Y. The Prophet (SA) said:
“Whatever is not expounded by the revealed law (shar‘) should be u"The borrowed is to be returned, and the guarantor is (T. T:R) responsible, and the debt is to be repaid."
العاريةُ مؤدّاةٌ والزعيمُ غارِمٌ والدينُ مقضيٌّ
Prize Money & Deposits for Safekeeping
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